Catherine Trautmann

Brussels, November 4th 2009 - On the eve of a crucial conciliation meeting that will decide on the fate of the "Telecoms Package", the European Parliament must decide whether it will keep its promise to protect citizens rights online. Will the European Parliament send a dangerous message to Member States by assenting to extrajudicial restrictions of Internet access? Should fundamental rights be sacrificed in an attempt to finish Telecoms Package at any cost?

Paris, November 2nd, 2009 - The negotiations on the Telecoms Package might come to a close on Wednesday. The Council of the European Union is still pushing for "three strikes" policies in Europe but is also attempting to allow private corporations to restrict citizens' Internet access. Will the European Parliament continue to hide behind a disputable legal argumentation provided by the rapporteur Catherine Trautmann, and accept the unacceptable for the future of Internet access in Europe?

The European Parliament delegation led by Catherine Trautmann recently gave up on protecting EU citizens against arbitrary restrictions of their Internet access. In order to reach an agreement and avoid a clash with Member States, the Parliament retracted its support to the core element of notorious "amendment 138" : prior judicial decision before restrictions to access and usage of the Internet. This protection of citizens' fundamental rights against arbitrary restrictions of their Internet access came a long way. Here is a little restrospective on the "stations of the cross" of amendement 138.

(See also the rewording of amendment 138, preserving its core principles while adressing legal uncertainty, that was transmitted to MEPs last week)

Strasbourg, October 21st, 2009 - Yesterday, representatives of the European Parliament, an institution that ordinarily prides itself for protecting human rights at home and abroad, decided to surrender to the pressure exerted by Member States. The Parliament gave up on amendment 138, a provision adopted on two occasions by an 88% majority of the plenary assembly, and which aims at protecting citizens' freedom in the online world. Instead of ensuring that no restriction to Internet access would be imposed without the prior ruling of a judge, amendment 138 will instead be replaced by a weak provision1, that does not carry any new important safeguard for citizen's freedoms.

Strasburg, October 20th, 2009 – Rapporteur on the Telecoms Package, Catherine Trautmann will try once again to push a replacement for amendment 138. Her proposal replaces the effective protection of freedom of expression thanks to a prior judicial decision before three-strike types of sanctions can take place by "the right to an effective and timely judicial review". But can the right to a fair trial be a reality for someone who is deprived of the access to the Internet, the essential means of expression and communication in todays' world ?

Strasbourg, October 19th 2009 - European Consumers unions and Internet service providers join La Quadrature du Net and numerous NGOs to urge the European Parliament not to give up the fundamental rights of EU citizens. The ongoing conciliation phase of the Telecoms Package will give the Parliament an opportunity to stand once again against arbitrary restrictions of Internet access.

Brussels, October 14th, 2009 - Negotiations on the Telecoms Package took a worrying turn for citizens rights and freedoms. The European Parliament Delegation was betrayed by its negotiators, led by Catherine Trautmann (S&D) and Alejo Vidal-Quadras (EPP). In total contradiction with the mandate given by their colleagues representing the Parliament, the negotiators unilaterally accepted to work on a proposal by the Council of the EU that negates citizens' rights1. This dangerous proposition is set to replace "amendment 138", voted twice by 88% of the Parliament.

La Quadrature du Net sent a letter and a memo1 to the Members of the European Parliament to urge them to protect their prerogatives by rejecting the Council's dangerous proposal2 to replace amendment 138. For the Council, the right to a due process, which is crucial to preserve justice in a democracy, could be limited "in order to assure national security, defence, public security, and the prevention, investigation, detection, and prosecution of criminal offences."
Amendment 138 is necesary to make sure that Internet-related legislation will protect the fundamental rights guaranteed by Community law. It is now time for both institutions to work in a spirit of cooperation to perfect the wording of amendement 138 while preserving its core principle.

Paris, October 5th 2009 - Negotiations have begun between the European Parliament and the Council of the EU on "amendment 138"1, which protects citizens against restrictions on their Internet access. The Council wants to neutralize it, but has yet to express publicly what specific parts of the text member States oppose. As the Parliament voted twice for this amendment, by a very strong majority, it must now stand firm and show EU citizens that it is committed to protecting their fundamental rights.

1. am.138 states “the principle that no restriction maybe imposed on the fundamental rights and freedoms of end-users without a prior ruling of the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened, in which case the ruling may be subsequent.“

Brussels, Sept 30th - The European Parliament decided on Sept. 28th that it would not attempt to fix the provisions endangering Net neutrality in the "Telecoms Package"1. Only "amendment 138"2, which protects citizens against restriction of their fundamental rights, will be negotiated during the conciliation procedure3 that is just about to start. In the upcoming meetings, either the rapporteur Trautmann will have the courage to stand in order to defend people's rights to access the Net, or the Parliament will just bow before the Council and give up European citizens' freedoms.

Updated on Sept 21st: The list of MEPs that will be part of the Parliament delegation in the conciliation committee is now official.

Paris, September 21th 2009 - The conciliation of the EU "Telecoms Package"1 will begin in a few days. 27 Members of the European Parliament and representatives of the executive branches of the 27 Member States will negotiate the text in closed-doors meetings. The outcome of these discussions will shape the future of Internet users' freedoms in Europe. EU citizens must ask their representatives to adopt firm positions to protect their citizens' fundamental rights and defend Net neutrality2.

Paris, September 16th 2009 - We Must Protect Net Neutrality1 in Europe! Organizations from all around Europe share their concern of seeing Net Neutrality being sacrificed during the conciliation procedure of the directives of the EU Telecoms Package. They sent this letter to the Members of the European Parliament, urging them to take decisive action in order to guarantee a free, open and innovative Internet, and to safeguard the fundamental freedoms of European citizens.

updated: Sept 21st.The list of MEPs that will be part of the EP delegation conciliation committee is now official.updated: Sept 17th.European directives of the "Telecoms Package" are advancing through the codecision process of the EU. As soon as the Council of the EU formally rejects any amendment voted by the European Parliament in second reading1, the Telecoms Package will enter the conciliation procedure. In this closed negotiation (between 27 representatives of the Council of the EU and 27 representatives of the European Parliament), the fate of an open, free and neutral Internet in the EU will be decided. Here is a quick guide to understanding this procedure, and participating now to urge open-minded and progressive MEPs to take part in the conciliation committee (There are only a few days left as the decision are already taking place.).

1. This formal rejection of the European Parliament's 2nd reading amendments by the Council triggers the countdown to the conciliation phase. In practice, negotiations could start as soon as the composition of the conciliation committee is known.

Strasbourg, May 6 2009 − The debates on the Telecoms Package, thanks to a remarkable citizen mobilization, led to an extremely strong recognition of the access to internet as a fundamental right with the re-adoption of amendment 138/46 in second reading by a qualified majority. It is the final blow against three-strike laws such as Nicolas Sarkozy's HADOPI bill, which are explicitely banned. The European Parliament nevertheless adopted a soft compromise on issues of network equity: no strong protection against “net discrimination” was adopted.